Why You Need a Health Care Proxy Before It’s Too Late

When a medical crisis strikes, seconds matter. Yet many people overlook one of the simplest tools for protecting themselves and their families: the health care proxy (also called a health care surrogate, health care power of attorney, or medical decision-maker). Failing to name a proxy can leave your loved ones scrambling in the worst moment of their lives, and in many cases, it can lead to delays in treatment, family disputes, and even outcomes that go against your wishes.

Real-Life Example: A Family Caught in Crisis

Imagine this scenario: David, a healthy 72-year-old, suddenly suffers a massive stroke and is rushed to the hospital. He is unconscious and unable to speak. Doctors discover a dangerous brain bleed that must be treated quickly, but the procedure carries a high risk of leaving David permanently incapacitated. Someone must consent to the surgery. David never named a health care proxy.

His wife has dementia, and his two adult children, who have not spoken in years, rush to the hospital. Child #1 insists on surgery: 'Dad would want every chance to survive.' Child #2 refuses: 'Dad told me he never wanted to be kept alive if he couldn’t care for himself.' With no proxy and no advance directive, the hospital cannot proceed and petitions the court to appoint a temporary guardian. A hearing is set two days later, but David’s condition worsens.

By the time the order is signed, the damage is irreversible. David survives but is permanently bedridden, the very outcome he feared, and the children are left with guilt, resentment, and huge medical bills.

What a Health Care Proxy Does

A health care proxy is a legal document in which you appoint a trusted person to make medical decisions if you are unable to speak for yourself. This person can speak with your doctors, review your records, consent to or refuse treatment, and ensure your preferences for life support, surgery, or end-of-life care are followed.

Court-Ordered Guardianship Can Take Days or Weeks

If no proxy is named and family members disagree, or no family is available, the hospital must often turn to the court to appoint a guardian. Emergency orders can still take 24–72 hours, even in straightforward cases. If there is a dispute among relatives or a busy court docket, the process can drag on for days or even weeks, leaving doctors limited in what they can do. During this time, you might remain on life support or have critical care delayed, simply because no one has legal authority to decide. In medicine, this delay can mean the difference between a full recovery and lasting complications, or even life and death.

Loss of Control Over Your Wishes

Without a proxy, the law dictates who gets to decide for you, usually a spouse first, then adult children, parents, or siblings. But that order might not reflect who you trust most or who knows your wishes best.

Family Conflict and Stress

When no one has clear authority, family disagreements can erupt. Siblings may argue about whether to continue aggressive treatment. Children may feel guilty about making end-of-life decisions. These conflicts are emotionally exhausting and can permanently damage relationships.

Risk of Unwanted Treatment

In the absence of clear instructions, hospitals often default to keeping you alive at all costs. You may receive life support, resuscitation, or other interventions you never wanted, along with significant medical bills, because no one was legally empowered to say 'stop'.

Costly Legal Proceedings

Guardianship is not only slow, but also expensive. Attorneys must be hired, hearings scheduled, and court fees paid. Those costs often come out of your estate or your family’s pocket.

Peace of Mind Is One Signature Away

Creating a health care proxy is simple, affordable, and usually done in a single meeting with your attorney. It is one of the most important parts of a complete estate plan. With a proxy in place, medical decisions can be made instantly, your wishes are honored without delay, and your loved ones are spared stressful court battles.

Take Action Today

Don’t wait for a medical crisis to force your family into a courtroom. Talk with an estate planning attorney and put your health care proxy in place now, before you need it. It is one of the simplest, most powerful steps you can take to protect yourself and your loved ones.

If you have questions about Health Care Proxy or other advanced directives, whether it’s understanding who needs them, when they are necessary, or how to stay informed, Jackson Law, P.A., is here to guide you. Our goal is to empower you with the knowledge you need not only to make the best decisions for yourself, but also to help those you care about.